What preventative measures might defendant's garbage collection truck have been put in place to prevent injuries sustained by plaintiff in a motor vehicle accident?

California, United States of America


The following excerpt is from Parsons v. Crown Disposal Co., 15 Cal.4th 456, 63 Cal.Rptr.2d 291, 936 P.2d 70 (Cal. 1997):

Plaintiff proposes that defendant might have guarded against his injuries by employing various preventative measures--changing the hours of collection, temporarily "blocking off" the area with warning cones or tape, posting warning signs, providing riders with a schedule of collection times, or a combination of these methods. Like points could be raised with regard to most if not all of the cases discussed ante, part III.A, and yet the courts have declined to impose such conditions on the employment of similarly beneficial machines, because to do so unreasonably would impair the utility of those devices. We find no reason to doubt that defendant's garbage collection activity is a vital public service and a matter of high social utility. (See Lyman v. Village of Potsdam, supra, 228 N.Y. 398, 127 N.E. 312, 314.) We perceive, and plaintiff offers, no basis for treating defendant's garbage collection truck differently from the various machines and devices discussed ante, part III.A, or for increasing the burden on machine operators over what was considered reasonable in an earlier age, when horse riding was more than a mere recreational activity.

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